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HomeMy WebLinkAboutItem 2F: Annexation County Farm Road ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Adoption of Resolution 4975 Annexing Land to the City of Eugene (City Landbank Site/County Farm Road Annexation/A 09-1) Meeting Date: May 11, 2009 Agenda Item Number: 2F Department: Planning and Development Staff Contact: Shawna Adams www.eugene-or.gov Contact Telephone Number: 541/682-2653 ISSUE STATEMENT This item is a request to annex the City of Eugene’s County Farm Road Landbank site on Tax Lot 800 of Assessor’s Map 17-03-17-11 and the southern portion of Park View Drive, totaling 5.86 acres. The remainder of Park View Drive and property abutting the street is annexed. The area of this annexation request is located on the west side of County Farm Road immediately south of Park View Drive. A map of the property proposed for annexation is included as Attachment A. The Planning Director recommends that the City Council approve this annexation request, pursuant to applicable Eugene Code requirements. BACKGROUND In December 2007, the City Council adopted an ordinance establishing the procedures for annexation requests and amending Chapter 9 of the Eugene Code (EC) to include these procedures. These annexation procedures provide for the council to adopt a resolution approving or modifying, and approving or denying an application for annexation, or provide for the council to hold a public hearing before consideration of the annexation request. Approval of annexation requests are based on the criteria at EC 9.7825 which require that (1) the land proposed to be annexed is within the city’s Urban Growth Boundary (UGB) and is contiguous to the city limits or separated from city limits only by a right-of-way or water body; (2) the proposed annexation is consistent with the applicable policies in the Metro Plan and in any applicable refinement plans and (3) the proposed annexation will result in a boundary in which the key urban facilities and services can be provided in an orderly, efficient, and timely manner. Draft findings demonstrating that the annexation request is consistent with these criteria are included as Exhibit C to the draft resolution (Attachment B). As noted in the application materials submitted with this request (Attachment C), the County Farm Road Landbank site is designated for medium density residential use in the Eugene– Springfield Metropolitan Area General Plan and the Willakenzie Area Plan. Following annexation, the City’s Community Development Division intends to apply for a rezone of the site consistent with the planned designations, which will enable the property to be developed with affordable housing. The City Council approved the purchase of this site for future Z:\CMO\2009 Council Agendas\M090511\S0905112F.doc affordable housing development in 1997. No specific future development plans have been determined for the site. However, council approval will be required prior to the sale of the site for an affordable housing development proposal. This proposal also includes a request to annex the southern half of Park View Drive adjacent to the landbank site. The remainder of Park View Drive is annexed to the City of Eugene. This request would ensure that the remaining southern half of the right-of-way would be annexed as well. Lane County has reviewed the proposed street annexation and concurs with staff’s recommendation. Public notice for this annexation request was provided in accordance with Eugene Code requirements, and no written testimony has been received in response to the public notice. As discussed in the attached findings, the proposed request is contiguous to city limits and can be provided with the minimum level of key urban services, consistent with the approval criteria. Given the findings of compliance with the approval criteria, lack of testimony received, and non- controversial nature of this annexation request, a public hearing is not recommended in this instance. Additional background information regarding this request, including relevant application materials, is included for reference as Attachment C. A full copy of all materials in the record is available at th the City’s Permit and Information Center located in the Atrium at 99 West 10 Avenue. RELATED CITY POLICIES The Metro Plan and the Willakenzie Area Plan contain the policies that are related to this annexation request. The Metro Plan and the Willakenzie Area Plan policies applicable to this request are addressed in the Planning Director’s findings and recommendation (Exhibit C of Attachment B). COUNCIL OPTIONS The City Council may consider the following options: 1.Adopt the draft resolution 2.Adopt the draft resolution with specific modifications as determined by the City Council 3.Deny the draft resolution 4.Defer action until after the council holds a public hearing on the proposed annexation CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council adopt the draft resolution by finding that the request complies with all applicable approval criteria, and that the annexation is approved. SUGGESTED MOTION Move to adopt Resolution 4975 annexing land to the City of Eugene (City Landbank Site/ County Farm Road Annexation/A 09-1). Z:\CMO\2009 Council Agendas\M090511\S0905112F.doc ATTACHMENTS A.Map of Annexation Request B.Draft Annexation Resolution (with Exhibits A through C) Exhibit A: Map of Annexation Request Exhibit B: Legal Description Exhibit C: Planning Director Findings and Recommendation C.Application Materials for Annexation Request FOR MORE INFORMATION Staff Contact: Shawna Adams, Associate Planner Telephone: 541/682-2653 Staff E-Mail: shawna.l.adams@ci.eugene.or.us Z:\CMO\2009 Council Agendas\M090511\S0905112F.doc City Landbank Site/County Farm Road (A 09-1) City Landbank Site/County Farm Road (A 09-1) Portion of right-of-way to be annexed Assessor's Map: 17-03-17-11 Tax Lot: 800 Proposed Annexation Area Outside City Limits Caution: this map is based on imprecise source data, subject Eugene City Limits to change, and for general reference only. ATTACHMENT B RESOLUTION NO. ______ A RESOLUTION ANNEXING LAND TO THE CITY OF EUGENE (CITY LANDBANK SITE / COUNTY FARM ROAD ANNEXATION / A 09-1). The City Council of the City of Eugene finds that: A. An annexation application was submitted by the City of Eugene, Oregon on February 27, 2009, in accordance with the provisions of Section 9.7810(2) of the Eugene Code, 1971, (“EC”) for annexation to the City of Eugene of the property identified as Assessor’s Map 17-03-17-11, Tax Lot 800. B. The application also includes an approximately .65 acre section of the southern portion of Park View Drive right-of-way contiguous to the property described in paragraph A above. C. The territory proposed to be annexed, described in paragraphs A and B above, is depicted on the map attached as Exhibit A to this Resolution. The legal description of the property described in paragraph A above, and the approximately .65 acre section of Park View Drive right-of-way described in paragraph B above is attached to this Resolution as Exhibit B. D. The City’s Planning Director has submitted a written recommendation that the application be approved based on the criteria of EC 9.7825. The Planning Director’s Recommendation is attached as Exhibit C. E. On April 10, 2009, a notice containing the street address, a description of the land proposed to be annexed and the Planning Director’s preliminary recommendation was mailed to the applicants, owners and occupants of property within 500 feet of the subject property, and the Cal Young Neighborhood Association. The notice advised that the City Council would consider the Planning Director’s full recommendation on the proposed annexation on May 11, 2009. F. After considering the Planning Director’s recommendation, the City Council finds that the application should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1 . Based on the above findings and the Planning Director’s Recommendation and Findings attached as Exhibit C which are adopted in support of this Resolution, it is ordered that the land depicted on the map attached as Exhibit A, and described in the attached Exhibit B is annexed to the City of Eugene. Resolution - Page 1 of 2 Section 2 . This Resolution is effective immediately upon its passage by the City Council. The annexation and automatic rezoning of the land pursuant to EC 9.7820(3) shall be effective upon the date a copy of this Resolution is filed with the Secretary of the State of Oregon. The foregoing Resolution adopted the ______ day of ________________, 2009. ______________________________________ City Recorder 00226041.DOC Resolution - Page 2 of 2 City Landbank Site/County Farm Road (A 09-1) City Landbank Site/County Farm Road (A 09-1) Portion of right-of-way to be annexed Assessor's Map: 17-03-17-11 Tax Lot: 800 Proposed Annexation Area Outside City Limits Caution: this map is based on imprecise source data, subject Eugene City Limits to change, and for general reference only. Exhibit C Planning Director's Findings and Recommendation Annexation Request for City Landbank Site/County Farm Road (City File A 09-1) Application Submitted: February 27, 2009 Applicant: City of Eugene, Community Development Division Property Included in Annexation Request: Tax Lot 800 of Assessor’s Map 17-03-17-11 Zoning: AG/UL Agricultural with Urbanizable Lands Overlay Location: On the west side of County Farm Road and on the south side of Park View Drive Representative: Allen Lowe, City of Eugene Community Development Division, 541/682-5113 Lead City Staff: Shawna Adams, City of Eugene Planning Division, 541/682-2653 EVALUATION: Based on the information provided by the applicant, the City has determined that this request complies with Eugene Code (EC) Section 9.7805 Annexation - Applicability. As such, it is subject to review and approval in accordance with the requirements, application criteria and procedures of EC 9.7800 through 9.7835. The applicable approval criteria are presented below in bold typeface with findings and conclusions following each. EC 9.7825(1) The land proposed to be annexed is within the city’s urban growth boundary and is: (a) Contiguous to the city limits; or (b) Separated from the city only by a public right of way or a stream, bay, lake or other body of water. Complies Findings: The annexation area is within the City's urban growth boundary (UGB), and is contiguous to the City limits, consistent with subsection (a). As shown in the application materials YES NO and confirmed by City staff, the City limits are contiguous with the subject area of land along the eastern and western boundaries. EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. Complies Findings: Several policies from the Metro Plan provide support for the annexation by encouraging compact urban growth to achieve efficient use of land and urban service provision within the YES NO UGB, including the following policies from the Growth Management section (italic text): Policy 8. Land within the UGB may be converted from urbanizable to urban only through annexation to a city when it is found that: a. A minimum level of key urban facilities and services can be provided to the area in an orderly and efficient manner. b. There will be a logical area and time within which to deliver urban services and facilities. Conversion of urbanizable land to urban shall also be consistent with the Metro Plan. (page II-C-4) Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. (page II-C-4). Policy 16. Ultimately, land within the UGB shall be annexed to a city and provided with the required minimum level of urban facilities and services. While the time frame for annexation may vary, annexation should occur as land transitions from urbanizable to urban. (page II-C-5) As addressed below under subsection (3), and consistent with these policies, a minimum level of key urban facilities and services can be provided to the area in an orderly and efficient manner. City Landbank Site/County Farm Road (A 09-1) May 2009 Page 1 The Willakenzie Area Plan is the applicable refinement plan for the area. The following policy from the Public Facilities and Services element of the plan is applicable to this request (italic text): 1. The City shall provide for annexation of urbanizable land in a manner consistent with State law as well as local annexation and growth management policies. As previously discussed in this subsection, and further detailed under subsection (3) below, the proposed annexation is consistent with Metro Plan growth management policies and can be served by the minimum level of key urban services, consistent with this refinement plan policy. The annexation procedures beginning at EC 9.7800 are consistent with State law and therefore, as found throughout this report, the annexation is consistent with State law. Therefore, based on the findings above, the proposal is consistent with the applicable policies of the Metro Plan and Willakenzie Area Plan. EC 9.7825(3) The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Metro Plan, can be provided in an orderly, efficient, and timely manner. Complies Findings: Consistent with this criterion, the proposed annexation will result in a boundary in which the minimum level of key urban facilities and services can be provided in an orderly, YES NO efficient, and timely manner as detailed below: Wastewater Public Works staff confirms that existing public wastewater facilities are available in within Park View Drive, with three 8-inch stubs intended to serve this site. Stormwater Public Works staff confirms that existing public stormwater facilities are available to serve this parcel, within Park View Drive and County Farm Road. Service is available via an existing 24- inch stormwater line in Park View Drive and via a 60-inch pipe in County Farm Road. Future development will be subject to the City’s stormwater development standards, which include pollution reduction and possibly oil and source controls in addition to destination standards. Transportation The subject property abuts County Farm Road to the east and Park View Drive to the north. As confirmed by City Public Works staff and Lane County Transportation staff, both abutting street segments are under City jurisdiction without need for surrender by another agency. Public Works staff further indicates that access to transportation facilities will be provided via Park View Drive along the north site boundary, and the future extension of Matt Drive through the subject property. Park View Drive is a fully improved neighborhood collector street. No direct access will be permitted on County Farm Road, which transitions from a major collector to a minor arterial south of the subject property, and is not improved to City standards. Solid Waste Collection service is provided by private firms. Regional disposal sites and the Short Mountain Landfill are operated by Lane County. Water and Electric Eugene Water and Electric Board (EWEB) Water staff state that there is an existing 8-inch ductile iron water main on the north side of Park View Drive and a 12-inch cast iron water main on the east side of County Farm Road. EWEB Water staff confirms that adequate water service can be made available at the time of development and therefore has no objection to the annexation. EWEB Electric staff state that there are existing EWEB electric facilities surrounding this site and that EWEB Electric has no objection to the proposed annexation request. City Landbank Site/County Farm Road (A 09-1) May 2009 Page 2 Public Safety Police protection can be extended to this site upon annexation, consistent with service provision through the City. Fire protection will be provided by the City of Eugene Fire Department. Emergency medical services are currently provided on a regional basis by the cities of Eugene and Springfield to central Lane County and will continue in the same manner upon annexation. Parks and Recreation A minimum level of park service can be provided to the proposal area as prescribed in the Metro Plan. Additionally, the subject property is within the park service area for Gilham Park, a developed neighborhood park. Planning and Development Services Planning and building permit services are provided for all properties located within the urban growth boundary by the City of Eugene. The Eugene Code, Chapter 9, will provide the required land use controls for future development of the subject property upon annexation. Communications Qwest communications and a variety of other telecommunications providers offer communications services throughout the Eugene/Springfield area. Public Schools The subject property is within Eugene School District 4J and is with in the district boundary of Gilham Elementary School, Cal Young Middle School, and Sheldon High School. CONCLUSION: Based on the above findings, information submitted to date, and the criteria set forth in EC 9.7825, the proposed annexation is consistent with the applicable approval criteria. A map and legal description showing the area subject to annexation are included in the application file for reference. The effective date is set in accordance with State law. INFORMATION: ? Upon approval of the annexation, the base zoning of AG Agricultural will remain; however, the /UL Urbanizable Lands overlay will be automatically removed from the annexation area. Tax Lot 800 of Assessor’s map 17-03-17- 11 is designated in the Metro Plan and Willakenzie Area Plan for Medium Density Residential use. Rezoning consistent with the Metro Plan and Willakenzie Area Plan designation may be required before development can occur on these lots. Contact the Permit Information Center, Planner-on-Duty at 682-5377 for more information. ? The applicant may be required to annex into the Metropolitan Wastewater Special Service District. In order to receive wastewater treatment service, the property owner will need to submit an annexation request to Lane County, with a fee based on acreage, for processing the annexation to the special district. Please contact Stephanie Schulz, Lane County Public Works, at 682-3958 for more information. ? The property is within the Willakenzie Rural Fire Protection District and will be withdrawn from that special district consistent with EC 9.7835 through a separate process. ? For information regarding EWEB requirements at the time of development, please contact Jay Bozievich, EWEB Water, at 684-4759 and Rich Deluna, EWEB Electric, at 341-8522. ? Approval of this annexation does not relieve the applicant from complying with applicable codes and statutory requirements. ? For information regarding EWEB requirements at the time of development, please contact Jay Bozievich, EWEB Water, at 684-4759 and Rich Deluna, EWEB Electric, at 341-8522. City Landbank Site/County Farm Road (A 09-1) May 2009 Page 3